"I do not see how my case can be any different," adding it was "suka sama suka" or mutual consent acceptable under sharia law.

In a case that has outraged rights activists Mr Masmud, a father of four from his first wife, allegedly raped the girl inside a car parked by a road in Kota Kinabalu, the capital of the Borneo state of Sabah, on February 16.

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Mr Masmud said he plans for the girl to finish her studies and then "take up a cosmetics course with his first wife."

After reports of the marriage emerged Sabah's minister for community and consumer affairs Datuk Jainab Ahmad said her ministry was questioning the validity of the marriage.

"As a mother, I am still puzzled: how could the father of the girl allow his daughter to be married to the man who had raped her?" she said.

"The girl was only 12 years and six months. I believe the victim is in a trauma. She should be protected instead of marrying the man who raped her."

The Child Rights Coalition Malaysia (CRCM), a group comprising seven child-related non-government-organisations, slammed the Sabah court for ruling in favour of the child marriage.

"It is unfortunate that marriage is seen as a solution for addressing the growing societal issue of rape," the coalition said in a statement.

"We strongly feel that the verdict may lead to more societal issues such as early marriage, teenage pregnancy and broken families rather than preventing such issues from happening in the future," it said.

"We also would like to assert our view that the child's

willingness (to marry) could arise from coercion, innocence or even threat which in all ways will impede the safety and positive well-being of the child."

The coalition is appealing to both the Sabah public prosecutor and Sabah's sharia court to reconsider the marriage application and decision to withdraw the rape allegation.

Sharia courts in Malaysia hear disputes among Muslims under a unique dual system that provides for justice under secular criminal and civil laws as well as sharia laws.